Court victory for 96-year old man seeking wife's release from nursing home

A 96-year old man fighting to win his wife's release from a nursing home had a victory in court Wednesday, but a couple of details remain undetermined.

Jim Munves will be allowed to bring his 87-year-old wife Barbara home, after their house passes inspection by an adult protection worker.

The P.E.I. Supreme Court still has to decide if protection workers will be allowed to make unannounced visits to the couple's home, and whether they're allowed to go on outings without a care worker with them.

After court, Jim Munves described how he was feeling.

'"Exhausted," he said. "It shouldn't even have been an issue because all through this, I've been a non-person."

Munves' wife has dementia, so the Department of Health and Wellness had ordered her kept in a nursing home for her own safety. The government executed the emergency intervention in February, while Jim Munves was temporarily hospitalized for hip surgery.

Jim Munves' lawyer told court Wednesday that government failed to keep his client informed in writing of what was going on.

"It's important for people in future situations like Jim," said lawyer Gary Scales. "It goes to the role of a care giver and the right of a care giver to know what's happening."

The lawyer for the Department of Health and Wellness told court that adult-protection staff did have face-to-face discussions with Jim Munves while he was still in hospital, and exchanged emails with him on the issue.

"We do not take interventions lightly," said Alanna Taylor. "Barbara was at risk of serious or immediate harm."

Taylor reviewed case-worker notes covering several years of working with the Munves. Court heard on two occasions, Barbara Munves wandered away and was unable to find her way home. The lawyer reviewed documents that suggest Jim Munves declined advice from case-workers.

"The person with responsibility did refuse [to comply] with what was asked," said Taylor.

Jim Munves was granted intervenor status and was permitted to attend Wednesday's court hearing.

A set of headphones supplied by court failed to work, and Munves, who wears hearing aids, appeared to struggle to hear what was said at times. At one point he sighed audibly and shook his head.

"Sit down, go away," said Munves, waving his hand, after the government lawyer finished speaking.

​About a dozen friends and supporters of the Munves waited outside the court room.

As part of the agreement that will allow Barbara Munves to return home, motion-activated alarms and locks have been installed in the couple's home and they have hired round-the-clock care givers at their own expense.

Justice Jacqueline Matheson will deliver her decision on the remaining issues April 17.

The judge also granted permission for Jim Munves to take his wife to a weekend performance of the P.E.I. Symphony Orchestra.

"It`ll be the first time she's out since she's been in there," said Munves.

The couple may eventually move together to a nursing home, or they may live out their days in their own house, according to Munves.

"We have to make our own decision and work it out ourselves," he said.

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